EXPERIENCED REPRESENTATION

DWI Defense

If you've been charged with a DWI, you need a lawyer who will do more than hold your hand and plead you guilty. You need a lawyer who will fight for you.

The consequences of a DWI conviction and a license revocation in Minnesota are lifelong. The window to fight drunk driving charges and keep your record clear is limited, and the clock is ticking.

Call today to discuss your case with DWI defense attorneys Jeffrey Sheridan and Randall Kins.

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Experienced Counsel

The Stakes Are Too High

Impaired driving laws and penalties in Minnesota are so severe that the usual plea bargains often lead to unreasonable concessions. This makes it even more important to hire an experienced and aggressive criminal defense lawyer.

We force the state to prove their case, not simply show you how to plead guilty at the first opportunity. Where some attorneys see quick guilty pleas as a best-case scenario for a client, we know this is rarely the case. You need an attorney who demands the state provide all the evidence related to your charges and takes the time to go through it. Anything less leaves you without a full defense.

When officers fail to follow their training, it helps your case and gives us something to fight about in court. The only way to find out if officers made a mistake with your case is by hiring experienced attorneys to defend your case.

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Tenacious Representation

Your Window To Fight Is Closing

When you are arrested for DWI in Minnesota two things happen. First, your driving privileges are revoked. Second, you are charged with a crime. You only have 60 days from the date your license is taken away to challenge the revocation and your 60 days are likely already ticking away. Second, you are charged with the crime of DWI. Even if you are found not guilty of the crime of DWI, the revocation of your driving privileges can remain on your driving record for the rest of your life.

Hiring us to represent you means police officers and breath tests don’t get to convict you of a crime and taint your driving record for the rest of your life. It’s not your job to prove you're innocent of a DWI charge. It’s the state's job to prove you're guilty. We uncover every detail in your case and hold the state’s feet to the fire. We do everything possible to help you avoid a DWI conviction and permanent stain on your driving record.

You have nothing to lose and everything to gain by hiring us to fight for you.

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DWI Penalties

There are four degrees of DWI under Minnesota law, which are based on the following factors and circumstances.

First-degree DWI

Test refusal or DWI/DUI with three previous DUI/DWI convictions. This is a felony, punishable by up to 7 years in state prison and fines of up to $14,000, as well as a variety of other penalties and release conditions (parole) after release from jail.

Second-degree DWI

Test refusal with one aggravating factor or failing a DWI test with two aggravating factors will result in second-degree DUI. This is a gross misdemeanor, carrying penalties of up to 1 year in county jail and $3,000 in fines.

Third-degree DWI

Drivers who refuse a BAC test or who are found to be under the influence with one aggravating factor will be charged with third-degree DWI. This is a gross misdemeanor, carrying penalties up to 1 year in county jail and up to $3,000 in fines.

Fourth-degree DWI

Drivers under the influence of drugs or alcohol with no aggravating factors will be charged with a misdemeanor fourth-degree DWI, which can result in a fine of up to $1,000 and up to 90 days in jail.

Reviews & tESTIMONIALS

Reviews For Sheridan, Dulas & Kins, P.A.

See what our clients are saying.

Kevin

I am a commercial truck driver. I was involved in an accident, in my personal vehicle, and cited for "following too close". Randall listen to my story and determined that another motorist had made a bad choice that had played a major role in the cause of the accident. He also found a statute that directly countered the violation I was being cited for. Because I have a commercial driver's license, the citation had to go to trial to have it removed from my record. Randall Kins handled the trial very professionally. He countered maneuvers by the prosecution and executed several measures that advanced and strengthen our case, and ultimately brought about the desired "Not Guilty" verdict I needed to maintain my driving record. In a system that is becoming increasingly difficult for professional drivers to get a fair "shake" in... I would definitely recommend Randall Kins of Sheridan and Dulas to argue in your behalf.

Joseph

Randall was awesome, he listened to me, then he carefuly guided me to making very helpful decisions. All I can say is thank you, Randall, me and my family thank you.

Caleb

(I apologize in advance for my bad typing skills) This man was absolutely tremendous, I had a false OFP put against me from my ex-GF, she wanted to make me seem like a bad person and ruin my life where I would not see my kids for 2 years and it was an act of evil against me. I have never had a lawyer before and I took my chances with Randall Kins and prayed this was the lawyer to help me and he did tremendously. He was honest and respectful and professional to a T, he knew what to say and how to say it and had the face of a confident lawyer it really put my mind and heart at ease and my family to know he was that confident in the case and we WON, I get to keep my gun rights, see my kids with visitations and am no longer feeling down or depressed and I thank God for giving me a chance to meet an amazing man such as Randall Kins. Thank you so much Randall.

Anonymous

I was unfairly charged with a domestic assault misdemeanor and I was really terrified. Attorney Randall took on my case and he was very transparent throughout each step. Knowing what to expect and what my options (good and bad) were was very helpful to me. Randall really advocated for me and even went further to ask other third parties involved to help prove my innocence. I will forever be grateful to him. If you are looking for someone who genuinely cares about your story and is willing to go the extra mile then please consider Randall to represent you. He is a real Shark and he is very persistent in ensuring the best interests of his clients.

Anonymous

Mr. Randall Kins is a straightforward, client-focused Attorney, he had my best interest from our first meeting. He told me play-by-play how my case would go during that same 1st meeting and it went exactly as he said. Any and all doubts, anxiety, and the burden of having an active case was lifted by a single meeting with Mr.Kins. I had my case dismissed, Mr.Kins delivered everything he promised during our first meeting. I highly recommend You retain Mr. Randall Kins as your attorney!

Anonymous

After my positive experience with Mr. Sheridan and your firm, l have no hesitancy in recommending your services to others. I feel so fortunate that a kindly ER nurse steered me in your direction. l will forever be in your debt for all you have done to bring about a better than hoped for resolution to my case. If that nurse hadn’t referred me to your firm, l hesitate to think about how badly this could have played out.

Peter

I hired Randall Kins to clear up an old charge that was on my record for over 30 years. He was very quick, professional, and kept me informed of the status of his investigation. I was very pleased with his service.

Anonymous

I could not have asked for a better outcome with a committed lawyer. I would highly recommend Randall Kins to those who need the right representation. Thanks again Randall for the great job you have done.

Anonymous

Randall took what looked like an unwinnable situation and was able to reduce my DUI to reckless driving. I highly recommend retaining him. He talks to you straight and gives you the facts and what your options are.

Anonymous

Mr. Sheridan knows his business well, very well. He fought like a pit bull to remove charges and shot holes thru a very shady officer's defense. We walked away with 1 yr probation. Thank You Sir for all you do!

Let's Fight This Together

Building the Best DWI Defense

‍When you fight a DWI charge, you have absolutely nothing to lose and everything to gain. The worst things the state can do to you have already happened. Perhaps you have already spent a night in jail. You have also lost your license. Whatever the case may be, fighting your DWI charge in court can only make things better. We will give you the best opportunity to defend your freedom and protect your future from a DWI conviction.
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At Sheridan, Dulas & Kins, P.A., we never look for quick and easy plea deals. Our clients want to fight their DWI charges, and we do just that. We never back down from a DWI trial, and our team is willing to take any case to a jury if that is the best way to avoid a DWI conviction.
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If you are ready to fight your DWI charge, contact our office today. Let’s discuss the specific facts of your case and develop a strategy specifically designed to give you the best defense against DWI conviction.

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DWI Criminal Penalties

Along with administrative penalties, all DWIs will carry criminal penalties. These will vary depending on the degree of the DWI charge, which is split into four “degrees.” Fourth-degree DWIs are the least serious, while first-degree DWIs are the most serious.
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Fourth-degree DWIs are misdemeanors, and may be penalized with up to 90 days in jail and a fine of up to $1,000. Most first-time offenders are charged with a fourth-degree DWI.
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Third and second-degree DWIs are “gross misdemeanors,” with potential penalties of up to one year in county jail and $3,000 in fines. You may be charged with a third or second-degree DWI if you refuse a chemical test, you are a repeat offender, or there are other “aggravating factors” like a child in the car, or a BAC that’s over 0.16.
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First-degree DWIs are felonies. You will be charged with a first-degree DWI only if you have three previous DWI/DUI convictions within the preceding 10 years. This is punishable with up to 7 years in state prison and a fine of up to $14,000. Those convicted of felony DWI will also be subject to a variety of other penalties and release conditions after being released from jail.

What Happens To My Driver’s License After A DWI?

First-time offenders will have their driver’s license revoked for up to 90 days. This increases to 1 year if a chemical test was refused, or a BAC of 0.16% or higher was present. In addition, your plates will be impounded if your BAC was over 0.16%, or a passenger younger than 16 was in the vehicle. Persons with prior DWIs can have their licenses revoked for up to 6 years.
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If you wish to continue driving during this period, you must either:

  • Pay for the installation and all related costs of an ignition interlock device (IID).
  • Apply for a limited license to drive to work, school, or treatment after 15 days of no driving. This is not applicable to offenders with a BAC over 0.16 or with prior DWIs on their record.

Once the revocation period is over, the revocation will not end until you pay a driver’s license examination fee, DWI reinstatement fee, and applicable plate impoundment fees to recover your driving privileges.

Further Ramifications of a DWI

A DWI can hurt more than just your personal driver’s license and your wallet, it can hurt your employability.  Even a first-offense DWI can lead to the revocation or reduced ability to obtain a commercial driver’s license. If part of your job requires driving you may lose your job or see a significant wage decrease if these penalties are enforced. You could also see a permanent criminal charge on your record, which could impact future employability.
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Another serious financial impact of a DWI charge, even if it is the first offense, is the increased insurance rates. Most insurance companies see a DWI charge and an indicator of increased risk and charge those convicted higher premiums. Just as with any other criminal charge, even a misdemeanor can follow you for the rest of your life. This is why it is vital to ensure that you have the best defense possible immediately after your DWI arrest.

Frequently Asked Questions About DWI

What Is The Difference Between DWI/DUI?

There is no difference between these terms. DWI means “Driving While Impaired,” and DUI means “Driving Under the Influence.” Technically speaking, Minnesota law uses the term DWI, but in practice, these terms are completely interchangeable.

What Is The Legal Limit In Minnesota?

The legal blood alcohol concentration limit in Minnesota is .08. However, it’s also important to note that you can be charged with DWI even if you are under the legal limit. If the officer believes that you are under the influence or are impaired, you can be arrested and charged with a DWI even if you test below the 0.8 limit.

Can I Refuse A Field Sobriety Test?

Yes. You have a legal right to refuse field sobriety testing. This is also true of a breath test conducted in the field, also known as a PBT. You can refuse any of these roadside tests.

However, even if you refuse these tests, you may still be arrested if the officer believes you are intoxicated. This is where some people get confused. After they arrest you, the officer can then take you to a hospital or police station for a “evidentiary” chemical test of your blood, urine, or breath. 
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You cannot refuse this test without consequences. Refusing an evidentiary test is a crime and can result in a longer license revocation.

What Should I Do If An Officer Asks If I Have Been Drinking?

You have a constitutional right to safeguard yourself against self-incrimination. This means that if an officer asks you if you have been drinking, you could say “I would prefer not to say,” or request to speak to your attorney. You have a right to consult with your attorney before you submit to a breath test, so long as it does not unreasonably delay the administration of the test.

Will I Lose My License After A DWI?

If you are arrested with a BAC of .08 or more and are charged with A DUI, you may lose your driving privileges for a period of time. The length of the revocation will depend on a few different factors, such as your BAC, a history of past DUIs, whether you were involved in an accident, and other such circumstances. Regardless of the length, you can obtain either limited or restricted driving privileges during the revocation period.

At Sheridan, Dulas & Kins, P.A., our attorneys fight for you in both criminal and civil court - helping you keep your driving privileges and maintain your freedom.

Will I Have To Go To Jail For A DWI?

If you are arrested for a DWI, you may be taken into the police station for processing and put in jail until your information has been processed and you can be released. However, if the arrest is your second or you tested .16 or more, you will likely be held in custody until you have seen a judge and bail is set.
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However, it is unlikely that you will face any jail time as part of your penalties if you’re a first-time DUI offender, and there were no aggravating factors, such as having a child in the car or being involved in an accident. Under Minnesota law, first-time offenders can face a $1,000 fine (BAC under 0.16) and 90 days in jail, or a $3,000 fine (BAC over 0.16) and a year in jail.
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In practice, actual jail time is extremely rare for these cases. It’s more likely that you will have to submit to EHM (Electronic Home Monitoring) or REAM (Remote Electronic Alcohol Monitoring) in lieu of any kind of jail time. You may also be required to do community service, or complete certain driver education programs related to DWI/DUI. 

However, repeat offenders are more likely to have to spend time in jail. Second and third DUI offenses carry heavy penalties, and the fourth DUI offense in 10 years is considered a felony, and could carry up to 7 years in prison.

Do I Need An Attorney If I’m Charged With A DUI In Minnesota?

The short answer is “Absolutely.” No matter what the situation may be, hiring an experienced DWI attorney is the best way to protect your rights after you have been charged with a DWI.
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DWI attorneys understand every aspect of the law. Not only can an attorney help you build a better defense and protect yourself from these charges, but they will also assist you as you navigate the complexities of the process, which is very helpful for first-time offenders who may not understand how DWIs in Minnesota work.

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